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I have taken my previous Employer to Court for $14,325.00 of

Resolved Question:

I have taken my previous Employer to Court for $14,325.00 of Commissions they owe me. One month before the trial date, the company changed their Name from ABC Windows and Siding, Inc. to Just ABC, Inc. if I win my case listed as John Doe vs. ABC Windows and Siding, Inc. can this company weisel their way out of paying me since they changed Company name? Thank you for taking the time to help me.
Submitted: 6 years ago.
Category: Business Law
Expert:  Dave Kennett replied 6 years ago.

DearCustomer- If this is the same corporation that simply changed its name then there is no problem since it would be the same entity. If the corporation sold its assets but not the corporation then you would have to sue the former corporation. It sounds like it is the same entity so you should have no problem.

 

The mere fact that the corporation name changed should have no bearing on your case. You may want to amend your complaint to reflect the new corporate name but otherwise you should not be affected by a corporate name change.

 

David Kennett - JD - Attorney at Law

Dave Kennett, Attorney
Category: Business Law
Satisfied Customers: 27687
Experience: 25 years practicing law
Dave Kennett and 6 other Business Law Specialists are ready to help you
Customer: replied 6 years ago.
How would I amend my paper work? Do I go before the new hearing to amend at the court house office or bring this request to my new court hearing and make the request to the judge? Thank you!
Expert:  Dave Kennett replied 6 years ago.

I'm not certain from your fact when the name was changed. In any event, you would have to file a motion for leave to file an amended complaint and then re-file the complaint. At this point I don't believe it is necessary assuming this is the same corporation. When you go back to court you can raise the issue with the judge and explain that you have information that the name was changed and ask that any new judgment be issued in both corporate names.

 

It is the entity that you have the judgment against regardless of what name it is using.

 

Dave Kennett

Dave Kennett, Attorney
Category: Business Law
Satisfied Customers: 27687
Experience: 25 years practicing law
Dave Kennett and 6 other Business Law Specialists are ready to help you

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